$110 Million Settles Baby Death Class Action


The California Injury Attorney Blog posted recently on the recall of Children’s Tylenol. The fact is, as consumer protection attorneys, we have been at the center of infant safety for many years and our lawyers have represented children and families who have been hurt by defective drugs and devices.

For example, in recent years we were at the center of the largest national crib recall, representing a family whose infant died due to a defective crib. We also represented those injured by defective bassinettes and supported the subsequent national basinette recall.

We have represented and supported grieving families and brought them some closure for tragic events. And now, we post on the final chapter of another tragedy involving infants and their families.

The National Law Journal reports that Judge Fitzwater, chief judge of the U.S. District Court for the Northern District of Texas, will issue final approval for a major class action settlement. The case settles the class action involving the death of some 40 babies who died after receiving intravenous doses of E-Ferol, a vitamin E supplement used during the 1980’s.

About 90 hospitals administered the supplement to premature infants without approval by the Food and Drug Administration. The vitamin was supposed to help prevent conditions involving visual impairment and blindness. Instead, it caused brain bleeds, as well as liver and kidney failure.

The class included 369 plaintiffs — other cases involving about 50 infant deaths were settled prior to the class action certification. The class alleged that the now defunct manufacturer and distributor, whose executives were convicted of conspiracy in the late 1980’s, had led hospitals to believe the FDA had approved the use of the supplement, when in fact it had not.

This settlement brings closure to litigation involving a tragic loss of life.

Related Web Resources

To read more about infant safety and keep updated on recall information visit the Consumer Product Safety Commission website.

San Francisco’s Hersh & Hersh represents the victims of defective products and devices and has represented parents whose children have been injured or have died due to these defects. Please contact our office for a free consultation with a lawyer.

We represent our clients with compassion and experience in the most difficult times in their lives. We are here to help.